Disposal Of Property MCQ Quiz - Objective Question with Answer for Disposal Of Property - Download Free PDF

The correct answer is 'All the above.'

Key Points

• Section 428 of the Code of Criminal Procedure, 1973:
  • Section 428 of the CrPC, 1973, provides for setting off the period of detention undergone by a convict against the term of imprisonment imposed on him.
  • This section ensures that the time a convict has already spent in custody during the investigation, inquiry, or trial is deducted from the total sentence imposed.
  • The underlying principle is to ensure that the convict does not serve more time than the actual sentence pronounced by the court.

Additional Information

• Investigation of the case:
  • The period of detention during the investigation is counted towards the total sentence. This is when the police gather evidence and build the case.
• Trial of the case:
  • The trial period, where the case is heard in court and evidence is presented, is also included in the set-off period.
• Enquiry of the case:
  • The enquiry period, which may involve preliminary examination of the case, is likewise considered for setting off against the sentence.

See Section 452 and 455 of Cr.P.C.

Section 452. Order for disposal of property at conclusion of trial.

455. Destruction of libellous and other matter.

Explanation- The primary difference between section 451 and 452 of the CrPC is of the applicability of the provisions at different stages as section 451 is attracted during inquiry of trial and section 452 is attracted after conclusion of the criminal trial. 

The correct answer is 'All the above.'

Key Points

• Section 428 of the Code of Criminal Procedure, 1973:
  • Section 428 of the CrPC, 1973, provides for setting off the period of detention undergone by a convict against the term of imprisonment imposed on him.
  • This section ensures that the time a convict has already spent in custody during the investigation, inquiry, or trial is deducted from the total sentence imposed.
  • The underlying principle is to ensure that the convict does not serve more time than the actual sentence pronounced by the court.

Additional Information

• Investigation of the case:
  • The period of detention during the investigation is counted towards the total sentence. This is when the police gather evidence and build the case.
• Trial of the case:
  • The trial period, where the case is heard in court and evidence is presented, is also included in the set-off period.
• Enquiry of the case:
  • The enquiry period, which may involve preliminary examination of the case, is likewise considered for setting off against the sentence.

See Section 452 and 455 of Cr.P.C.

Section 452. Order for disposal of property at conclusion of trial.

455. Destruction of libellous and other matter.

Explanation- The primary difference between section 451 and 452 of the CrPC is of the applicability of the provisions at different stages as section 451 is attracted during inquiry of trial and section 452 is attracted after conclusion of the criminal trial.